DOJ Slams Sheriff Joe with “Findings” of Discrimination

 By Frosty Wooldridge

Homeland security Chief Janet Napolitano deleted Arizona’s Sheriff Joe Arpaio’s ability to enforce the law by taking away 287 G powers.

While Arizona suffers 1.1 million illegal aliens, its new SB 1070 law suffered a suit by the Attorney General of the United States Eric Holder.  He sued Arizona over its law that follows the U.S. Constitution to a T.  While Holder and Napolitano refuse to enforce immigration laws, states like Arizona, Alabama and Georgia enact their own laws in accordance with the Constitution.

It’s an amazing punch, pull and drag our elected officials to the courts to get the job done instead of waiting for President Barack Obama to do his job…which he hasn’t done for the past three years.  He shouldn’t feel like the Lone Ranger because Bush I and II along with Reagan and Clinton didn’t enforce our laws either.

DHS then Strips Him of All Immigration Enforcement Resources

Dan Stein, president of the Federation for American Immigration Reform, www.fairus.org , has repeatedly called for the president and congress to enforce the laws on the books. 

“The Department of Justice (DOJ) has publicly released a letter accusing the Maricopa County Sheriff’s Office (MCSO), under Sheriff Joe Arpaio’s direction, of engaging in police practices that unlawfully discriminate against Latinos,” said Stein. “Specifically, Civil Rights Division Director Thomas Perez accused the MCSO of “unconstitutional policing” including racially profiling Latinos; unlawfully stopping, detaining and arresting Latinos; and unlawfully discriminating against Hispanic inmates in county jail.

“The accusations are “findings” only; the DOJ has not actually filed a lawsuit against MCSO. DOJ officials claim the department is postponing a lawsuit while it seeks to find an “effective resolution” of the matter under “federal judicial oversight.”

“Despite no lawsuit being filed, Sheriff Joe’s department has been stripped of virtually every immigration law enforcement tool and resource available to it:

• Department of Homeland Security (DHS) rescinded MCSO’s 287(g) agreement, which trains and authorizes law enforcement to carry out immigration enforcement duties.

• DHS restricted access to Secure Communities program – will no longer be able to check the immigration status of arrested individuals.

• Immigration and Customs Enforcement (ICE) will remove all alien detainees from Maricopa county jails.No indication of whether they will be detained elsewhere or simply let go.

• ICE will no longer respond to calls from MCSO involving traffic stops, civil infractions or “other minor offenses” – this move may violate federal law.

Sheriff Joe Arpaio instantly hit back at the DOJ, saying, “[T]he federal government moved to do everything it can to put this agency out of the illegal immigration enforcement business.”

“Maricopa County has jumped in to defend the Sheriff and his department. County Attorney Bill Montgomery criticized the DHS for gutting the county’s enforcement capabilities and indicated he will now open his own investigation into the DOJ’s findings,” said Stein. “With its latest attack against Maricopa County Sheriff Joe Arpaio, the DOJ has ratcheted up their relentless campaign of intimidation against states and localities. The DOJ has now added publicly humiliating a law enforcement agency – without offering due process to defend itself – to its arsenal of attacks against immigration enforcement. The Obama administration is sending a clear message: Don’t mess with our non-enforcement, open borders and amnesty plan.

“The DOJ will take out by whatever means, anything or anyone who stands in their way. Just ask Sheriff Joe.”

State Immigration Law Update
2011 Big Year for State Bills – Even Bigger Year for DOJ Attacks Against Them

“A record number of immigration laws were considered by state legislatures in 2011, but the Obama administration’s lawsuits against enforcement measures have stalled their momentum,” said Stein. “Next year however, the issue of “if” and “how” states may participate in immigration enforcement may be definitively decided when the U.S. Supreme hears the Arizona SB1070 case. As we close the year, below is a summary of where each major state bill stands.”

Alabama

• The Attorney General is calling on the legislature to consider changes to the law to make it “easier to defend” against the DOJ lawsuit.

• As in other cases, parts of the Alabama law have been enjoined. The latest injunction comes from a federal court in the Middle District of Alabama and blocks the law’s provision barring local and state agencies from doing business with illegal aliens, which has been upheld by other courts.

• After attempting to collect data on the immigration status of K-12 public school students, the state has also become the target of DOJ Civil Rights Division Director Thomas Perez. The state is resisting a request from Perez to turnover all data collected.

Arizona

• The U.S. Supreme Court accepted Arizona’s appeal of the 9th Circuit Court of Appeals decision to uphold a federal district court injunction against provisions of SB1070.

• The hearing will take place this spring with a decision due over the summer – just in time for the general election campaign.

South Carolina

• The preliminary injunction hearing in front of the federal district court is today.

• Not clear what decision will be made. Injunction decisions in Alabama and Arizona have differed, indicating disagreement that likely contributed to the Supreme Court’s decision to take Arizona case.

Utah

• Following what is now accepted procedure, the DOJ filed a preliminary injunction against the law after allowing amnesty advocate groups to target the law first.

• What sets Utah apart from other immigration enforcement laws is that the state also passed laws creating a guest worker program and resident status for illegal aliens. While acknowledging these provisions are unlawful, the DOJ is not currently seeking to block them.

You may contact Dan Stein at www.fairus.org and you may join over a quarter of a million Americans who are members.

##

Frosty Wooldridge is a member of the FAIR board of directors.